Blixseth v. Yellowstone Mountain Club, LLC
- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 7 years 8 months ago
- Case Type:
- Business
- Case Status:
- Dismissed
- Citation:
- 12-35986 (9th Circuit, Apr 18,2017) Published
- Tag(s):
-
- Ruling:
- Appellant's counsel's motion for reconsideration of Appellate Commissioner's orders awarding attorneys' fees and costs under Fed. Rule App. Proc. 38 and 28 USC 1927 denied.
- Procedural context:
- Motion for reconsideration of Appellate Commissioner's fee determination orders denied.
- Facts:
- Ninth Circuit panel ordered appellant and his counsel to pay appellees' attorneys' fees and costs in defending against appeal under Rule 38, ordered counsel to pay appellees' attorneys' fees and costs in defending against appeal under 1927, and referred to Appellate Commissioner the determination of the amount of attorneys' fees and costs. The Appellate Commissioner entered orders awarding fees and costs, and appellant's counsel filed a motion for reconsideration.
The court denied counsel's motion for reconsideration of the Appellate Commissioner's orders, holding that the Commissioner correctly declined to award fees-on-fees under Rule 38 and correctly awarded fees and costs under section 1927. The court held that an award under Rule 38 must be limited to appellees' direct fees and costs for defending against the frivolous appeal and may not include the fees and costs incurred regarding the imposition of sanctions. In contrast, section 1927 is a fee-shifting provision that allows an award of fees-on-fees.
- Judge(s):
- Kozinski, Paez, Berzon
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